Washington

  • February 15, 2024

    Wash. Judge Tosses Professors' Email Probe Privacy Suit

    A Washington federal judge has sided with the state in a proposed class action brought by two University of Washington professors seeking to block the state ethics board's director from combing through faculty emails during misconduct investigations, saying the emails are public records because the professors are public employees.

  • February 15, 2024

    9th Circ. Won't Revive Honda AC Warranty, Fraud Claims

    The Ninth Circuit has said it won't revive a breach of implied warranty suit against American Honda Motor Co. Inc. alleging it sold vehicles with faulty air conditioners, holding the proposed class of buyers hasn't shown that its members have a special relationship with the company.

  • February 15, 2024

    9th Circ. Unconvinced That Theft Doesn't Warrant Removal

    A Mexican man fighting deportation after he was convicted of robbery couldn't convince the Ninth Circuit that the state robbery law supporting his conviction was too broad to force his removal.

  • February 15, 2024

    9th Circ. Backs Homeowners' Cert. In Allstate Overcharge Suit

    Allstate will have to face a class action accusing it of artificially inflating home insurance premiums for thousands of California properties by double-counting built-in garage space, a Ninth Circuit panel ruled, affirming a lower court's decision.

  • February 15, 2024

    Petition Watch: Classes, Litigation Changes & Fraud Theories

    The U.S. Supreme Court receives thousands of petitions for review each term, but only a few make the news. Here, Law360 looks at four petitions filed in the past three weeks that you might've missed, including questions over how courts should analyze class certification bids and regulations restricting specific speech for content-neutral reasons, whether plaintiffs must reestablish standing after amending lawsuits, and what constitutes fraud.

  • February 15, 2024

    Wash. Judge Says Tribes Can Seek River Pollution Damages

    A Washington federal judge denied a Teck Resources Ltd. unit's bid for summary judgment on natural resource damages claims that the Confederated Tribes of the Colville Reservation and state of Washington lodged over decades of Upper Columbia River pollution from a smelter in Trail, British Columbia, setting up the matter for a possible trial.

  • February 14, 2024

    9th Circ. Open To Rebooting Suit Over Apple App Crypto Theft

    A Ninth Circuit panel appeared open Wednesday to reviving a putative class action alleging Apple misrepresented the safety of its App Store after users' cryptocurrency was stolen from an app, with two judges questioning why the allegations can't survive when Apple has consistently touted its security in separate antitrust litigation.

  • February 14, 2024

    Union Says Religion Not Behind Fired Flight Attendants' Posts

    Two Alaska Airlines flight attendants alleging they were terminated from their positions for their religious convictions after making online posts about gender identity should have to prove their discrimination claims at trial, their union said, arguing that the attendants' real motive for posting publicly was political.

  • February 14, 2024

    9th Circ. Skeptical Of Basis For LA's Pollution Coverage Args

    The Ninth Circuit appeared reluctant Wednesday to revive the City of Los Angeles' bid for environmental contamination coverage from a defunct boat repair company's insurers, probing the city's counsel on whether his arguments for coverage were at odds with the underlying factual record.

  • February 14, 2024

    Google 'Lockbox' Program Hid App Tracking, 9th Circ. Told

    Counsel for a group of Android phone users urged the Ninth Circuit on Wednesday to revive a proposed class action alleging that Google's "Lockbox" program secretly collected information about Android owners' non-Google app use, saying the tech giant's privacy policy on the data collection was ambiguous at best.

  • February 14, 2024

    Insurer Needn't Defend Landlord From Antitrust MDL

    A Washington state judge has ruled in favor of an insurer in a coverage dispute revolving around nearly 40 antitrust class action claims against landlords that have been combined into a multidistrict litigation case, finding that the insurer owes no defense coverage to an accused property manager.

  • February 14, 2024

    Google, Apple Users Ask 9th Circ. To Revive Video Data Fight

    Google and Apple consumers urged the Ninth Circuit Wednesday to revive separate proposed class actions alleging that the tech giants violated New York and Minnesota state statutes by unlawfully retaining personally identifiable information collected in connection with video streaming rentals, arguing both statutes create a private right of action.

  • February 14, 2024

    Phone-Maker Says T-Mobile Can't Hang Up On $100M Suit

    A mobile phone manufacturer suing T-Mobile over a canceled order for nearly 500,000 devices told a Washington federal judge the telecommunications giant is now seeking to escape $100 million in damages by leaning on an unsigned contractual provision.

  • February 14, 2024

    Fox News' Sorrento Report Takes Center Stage At 9th Circ.

    Counsel for Sorrento Therapeutics Inc. investors urged the Ninth Circuit on Wednesday to revive a securities suit alleging executives made misleading statements to Fox News about its COVID-19 research, prompting one judge to ask whether "you have to take things you hear on Fox News with a grain of salt."

  • February 13, 2024

    Indian Satellite Co. Wants Justices' View On US Courts' Purview

    The Ninth Circuit erred in ruling it had no jurisdiction over a commercial division of an Indian space agency and, therefore, could not enforce a $1.3 billion arbitral award, an Indian satellite company said in its request to stay the ruling while it takes the matter up with the U.S. Supreme Court.

  • February 13, 2024

    FTC's Monopolization Case Against Amazon Set For 2026 Trial

    A Washington federal judge has scheduled a bench trial in the Federal Trade Commission's landmark monopolization case against Amazon for early October 2026, according to an order issued Tuesday.

  • February 13, 2024

    Wash. Justice Worries Religious Rights Muscle Out Others

    A Washington Supreme Court justice raised concerns Tuesday over what she termed an "elevated" protected status for religious workers because doing so can "kick some civil rights laws to the side."

  • February 13, 2024

    Feds Want 'Free Pass' Out Of Climate Suit Trial, Youths Say

    Twenty-one plaintiffs suing to force the U.S. government to curb fossil fuel use and cut carbon emissions told the Ninth Circuit on Monday that the government's latest attempt to pause their lawsuit amounts to its shunning procedural rules and asking for "a free pass out of trial" not available to other people.

  • February 13, 2024

    Indian Pharma Co. Can't Get Fees In $950M COVID Vax Suit

    A Seattle federal judge has nixed an Indian generic-drug maker's bid for about $3 million in attorney fees after it prevailed in a biotherapy company's $950 million lawsuit accusing it of stealing its COVID-19 vaccine, saying the maker didn't convince him it spent extra money litigating the suit.

  • February 13, 2024

    USA Swimming Wants Out Of Suit Over Botched Investigation

    USA Swimming Inc. has said it did not take part in the U.S. Center for SafeSport's investigations into sexual abuse allegations and so it should be let out of a lawsuit accusing it and SafeSport of participating in a campaign to vilify a youth swimmer based on those accusations a school officer later found false.

  • February 13, 2024

    Boeing Hit With Bias Suit By Ex-Defense Division Attorney

    Boeing was hit with an employment discrimination suit in Washington state court from a former top attorney in one of the company's finance departments who alleged that she was fired because of her race after anti-Asian sentiment saw a rise during the COVID-19 pandemic.

  • February 13, 2024

    Stronger Evidence Needed In Asbestos Case, Panel Says

    A Washington man's evidence that his employer knew of the risk of getting mesothelioma from asbestos exposure at an aerospace company's plant didn't demonstrate the company had "actual knowledge" he was going to be injured, a state appellate panel has ruled.

  • February 13, 2024

    Biden Admin Drops Appeal Over Trump 'Conscience Rule'

    The Biden administration will not pursue a Ninth Circuit appeal of two lower court decisions that struck down Trump-era regulations addressing the conscientious objection rights of healthcare providers, citing new rules that moot the case.

  • February 13, 2024

    Wash. Justices Doubtful HR Manager Can't Be Served

    Washington state Supreme Court justices expressed skepticism Tuesday that a nursing home could evade a personal injury lawsuit because its human resources manager was served with the suit, questioning why she didn't fit on the broad list of the types of employees allowed to accept service.

  • February 13, 2024

    Kroger Says Its Past Shows Albertsons Deal Will Drop Prices

    Kroger has shared some statistics that it says show its merger with the country's second-biggest grocery chain, Albertsons, won't be a bad thing, pointing to evidence that prices usually drop at a grocery chain after being acquired by Kroger.

Expert Analysis

  • 5 Litigation Funding Trends To Note In 2024

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    Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.

  • Key Issues When Navigating A Tenant's Bankruptcy

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    In light of recent Chapter 11 filings by Rite Aid and WeWork — companies with thousands of commercial leases — practitioners should review issues that can arise when bankruptcy is used to exit a lease, including the consequences of lease rejection and the statutory cap on landlord damage claims for a rejected lease, say attorneys at Proskauer.

  • 8 Privacy Law Predictions For 2024

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    As the new year begins, looking back to several of last year's privacy law developments may help companies forecast what to focus on when updating their privacy programs, including children's privacy, so-called dark patterns and the collection of data by connected cars, say attorneys at Sheppard Mullin.

  • 4 Legal Ethics Considerations For The New Year

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    As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.

  • What The Law Firm Of The Future Will Look Like

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    As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • 4 PR Pointers When Your Case Is In The News

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    Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

  • Shopify Ruling May Support Personal-Jurisdiction Defenses

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    Litigators, cybersecurity practitioners and web-based entities should all take note of the Ninth Circuit’s recent ruling in Briskin v. Shopify, as it could lend significant support to personal-jurisdiction defenses, but such entities should still consider how their operations might tie them to certain states, say John Gray and Patrick McCormick at Lewis Roca.

  • After Headwinds, 2024 May See Offshore Wind Momentum

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    Despite skyrocketing raw material costs, conflicting state and federal policies, and other setbacks for the offshore wind sector in 2023, the industry appears poised for growth in the coming year, with improving economics, more flexible procurement procedures and increasing legislative support, say Emily Huggins Jones and Ben Cowan at Locke Lord.

  • 5 Trends That Will Affect Food Litigation In 2024

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    In 2024, food and beverage companies are likely to continue to face threats of litigation relating to so-called forever chemicals, citric and malic acid, and ESG claims, but recent developments in case law have created potential avenues for defense, say Abby Meyer and Khirin Bunker at Sheppard Mullin.

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • 10 Privacy Compliance Areas To Focus On In 2024

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    The fast pace of change in the cybersecurity realm means reactive approaches to new laws, regulations and enforcement actions are not effective ways to build or scale privacy programs, so companies should plan strategically and prepare for a few emerging risks and requirements in the first half of this year, says Sam Castic at Hintze Law.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • 9th Circ. Scienter Ruling May Strengthen FDA's Leverage

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    A recent Ninth Circuit decision in U.S. v. Marschall — regarding scienter and violations of the Federal Food Drug and Cosmetic Act — appears to give the U.S. Food and Drug Administration another arrow in its quiver to lob in the direction of any repeat offender, with potentially very broad applications, say Elena Quattrone and Zachary Taylor at Epstein Becker.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

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